Q: Do I have a case against the builder of my house for the work they subcontracted out?
We built our house approximately 6 years ago and we have had several issues with the AC system since we moved in. The builder of our house used a subcontractor for our AC system. We have repeatedly reported issues about our system over the years and they kept sending out the subcontractor to fix them and they never did, they just said there was nothing wrong. Eventually the subcontractor went out of business.
A separate company evaluated and they said that incorrect equipment and ductwork was installed. The units are not the correct size for the house, the units are different sizes so they cant balance, the units are not the right type for the humid climate. The ductwork was the wrong size, they're not connected properly, and there are no dampers in the ducts.
We reported this to the builder and they said it wasn't their problem, it was the subcontractors issue and since they're out of business its our problem.
Are they responsible?
A: You have a "statute of repose" issue. If it has been six years or longer, even if you did have a claim against your general contractor, it is too late to sue.
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